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Author : Henry Campbell Black
Publisher : Unknown
Page : 832 pages
File Size : 40,8 Mb
Release : 1912
Category : Conflict of judicial decisions
ISBN : STANFORD:36105044050990
Author : Henry Campbell Black
Publisher : Forgotten Books
Page : 128 pages
File Size : 44,7 Mb
Release : 2017-02-06
Category : Electronic
ISBN : 0243296614
Excerpt from Handbook on the Law of Judicial Precedents, or the Science of Case Law Nearly a quarter of a century ago, the late Mr. Justice Miller, of the Supreme Court of the United States, in a public address on the use and value of authorities in the argument and decision of cases, expressed his surprise that no book had yet been written, or none that he had seen, distinctively devoted to the subject on which he was speaking, adding, perhaps by way of explanation of the fact, that the sources of such a work are not ample and are difficult to come at. If a systematic and comprehensive treatise on the law of judicial precedents was a desideratum at that time, it is much more so to - day. For the reported decisions have enormously multiplied, and the lawyer's problem now is not merely to find the law, but to weigh and estimate the value of what he discovers. Now, more than ever, he needs a guide through the lawless science of the law, the count less myriad of precedents. Moreover the rules which gov ern the subject, - ii rules they can be called, which rest only in judicial discretion and have no stronger sanction than judicial habit, - are intricate and not free from confusion, and have long been in need of clear and discriminating ex position. Also it is true that the very theory of the prece dent has been vigorously assailed of late in high quarters, and there are evidences of an insistent demand for greater flexibility in the interpretation of the law and a closer cor respondence between the rulings of the courts and what is supposed to be the spirit of the age or the wants and wishes of the people. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Black Henry Campbell
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 1901
Category : Electronic
ISBN : 0259740667
Author : Henry Campbell Black
Publisher : Nabu Press
Page : 830 pages
File Size : 43,5 Mb
Release : 2014-03
Category : Electronic
ISBN : 1294787314
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
Author : Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2016
Category : Judicial process
ISBN : 0314634207
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
Author : Rupert Cross,J. W. Harris
Publisher : Clarendon Press
Page : 256 pages
File Size : 55,5 Mb
Release : 1991-06-13
Category : Law
ISBN : 9780191024443
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
Author : Susan M. Sterett,Lee Demetrius Walker
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 55,5 Mb
Release : 2019
Category : Law
ISBN : 9781788113205
The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
Author : Henry Campbell Black
Publisher : The Lawbook Exchange, Ltd.
Page : 512 pages
File Size : 47,8 Mb
Release : 2011-02
Category : Law
ISBN : 9781584778851
Reprint of first edition (1896). "The following pages contain a condensed statement and exposition of the accepted canons and rules for the construction and interpretation of the written laws, whether constitutional or statutory. In accordance with the general plan of the Hornbook Series, these rules have been formulated somewhat after the manner of a code, expressed in brief black-letter paragraphs numbered consecutively throughout the book, and explained, developed, and illustrated in the text." --Preface, iii. HENRY CAMPBELL BLACK [1860-1927] was also the author of the standard American law dictionary, A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern Including the Principal Terms of International, Constitutional, and Commercial Law, first published in 1891, and other works.
Author : HENRIETTA NEWTON MARTIN
Publisher : BookRix
Page : 72 pages
File Size : 41,9 Mb
Release : 2022-05-03
Category : Young Adult Nonfiction
ISBN : 9783755412991
Welcome to the Handbook of Jurisprudence, which is perspicuously crafted to the understanding of the students of law.This easy-to-understand edition is a recommended must-have for every student of law and jurisprudence. Jurisprudence is an interesting ‘Theo-philosophical’ subject which is essential and cathartic to every student of jurisprudence and practitioner of law. This book explains the hows and whys of law and professionally it would answer the question of why do lawyers and judges think in the way that they usually do? The study of jurisprudence explains the legal theories of law, enables one to learn the reasoning behind laws and gain better understanding of the framework principles of law. It is endeavoured to keep the content as simple as possible; Brevity in expression does not in any way mean dearth of available material or that the allied topics are insignificant. The purpose of brevity is solely to encapsulate the principles adumbrated in this book in a perspicuous manner.
Author : Schultz, David
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 55,8 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781839103131
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
Author : Lee Epstein,Stefanie A. Lindquist
Publisher : Oxford University Press
Page : 625 pages
File Size : 45,9 Mb
Release : 2017
Category : Political Science
ISBN : 9780199579891
"[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--
Author : John Jay McKelvey
Publisher : Forgotten Books
Page : 568 pages
File Size : 45,8 Mb
Release : 2015-06-27
Category : Law
ISBN : 133087322X
Excerpt from Handbook of the Law of Evidence At the request of the publishers, the author has endeavored to find time for a re-examination of the subject of Evidence, and a revision of his treatment of it as found in the first edition of this work prepared in 1897. The principles do not change materially in a decade, but added experience and a different point of view may in some instances result in a more satisfactory statement of them. The changes in this second edition are not many, although there have been re-arrangement and additions in most of the chapters and some, notably the chapter on Judicial Notice, which has been re-written, and the chapters on Burden of Proof, Presumptions, Admissions and Writings, which have been enlarged, present the respective subjects of which they treat in somewhat different form from the corresponding chapters of the first edition. The aim has been to avoid a compilation of cases, and while many thousands, decided since 1897, have been examined, comparatively few have been added as citations. The purpose of the work is now, as it was in the former edition, to give a statement of principles with illustrations of their application, and some discussion of the manner of their development; the work will, therefore, serve better one who seeks light upon the law of Evidence viewed as a science than one who seeks a precedent for some particular case. The author, therefore, again disclaims any attempt to present the law of all the States or of any one of them, and has cited cases from the different jurisdictions indiscriminately, locking only to their value as illustrations of the application of those principles which seem to him to be at the foundation of an intelligent understanding of the law of Evidence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Hugh Southey,Amanda Weston (Barrister),Jude Bunting,Raj Desai
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 45,7 Mb
Release : 2017
Category : Administrative remedies
ISBN : 1784730963
Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
Author : Alex Ruck Keene,Kate Edwards,Katharine Jane Louise Edwards,Anselm Eldergill,Nicola Mackintosh (QC),Sophy Miles
Publisher : Unknown
Page : 869 pages
File Size : 45,5 Mb
Release : 2019-07
Category : Capacity and disability
ISBN : 1912273276
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 48,6 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
